Town Of Marcy
Oneida County
Minutes
TOWN OF MARCY
COUNTY OF ONEIDA
STATE OF NEW YORK
PLANNING BOARD
SEPTEMBER 24, 2007
The Town of Marcy Planning Board held one (1) Public Hearing on Monday, September 24, 2007 at 7:00PM at the Marcy Municipal Building, 8801 Paul Becker Road, Marcy, New York.
THOSE PRESENT: Planning Board Chairman Robert Lambe
Planning Board Member Pamela M. Gomez
Planning Board Member Gordon W. Hathaway
Planning Board Member George Robertaccio
Planning Board Secretary Lori A. Wrobel
ABSENT: Planning Board Member Carl A. Annese
Planning Board Chairman Robert Lambe called the Public Hearing to order with the Pledge of Allegiance at 7:00PM.
Planning Board Secretary Lori A. Wrobel read the Legal Notice that was published in the Observer Dispatch
on Wednesday, September 19, 2007.
VINCENT SURACE of SUPERIOR AUTO PARTS and VINCE’S U-PULL IT, Old River Road
Site Plan Review
Planned Development
Tax Map Number 261.000-3-32
Zoned PD/Planned Development
Application Number 2007-13
Mr. Surace attended the February 12, 2007 and the March 19, 2007 Review Panel Meetings as well as the June 25, 2007 and August 27, 2007 Planning Board Meetings. Mr. Surace has explained that due to new regulations, laws, and environmental reasons, he would like to construct four (4) additional accessory buildings on his property. Mr. Surace had received approval last year to construct two (2) oversized accessory buildings.
Mr. Surace would like to construct four (4) accessory buildings. One (1) of the proposed accessory buildings would be 60’ x 80’ and approximately 28’ in height, two (2) accessory buildings will be used to store tanks and will be 20’ x 30’ and approximately 29’ in height, and the last building would be 60’ x 100’ and approximately 28’ in height.
Old River Road is a County Road, therefore a 239 Review was required.
The Oneida County Department of Planning has “No recommendation as to final action”.
Planning Board Meeting 09/24/07 Page 2
The Oneida County Department of Public Works “has received the above mentioned site plan for review. In accordance with Section 239-f of General Municipal Law, we offer the following comments:
- If the proposed action is approved, no significant impacts to Old River Road are evident from the construction of the accessory buildings.
- Section 136 of the NYS Highway Law requires a permit to be obtained for any access, construction, or reconstruction within the right-of-way of a County highway. Any above recommendation given by this department will be a required action for any permit approval. The permits are obtained through our Division of Highways and Bridges. Items of concern include:
1. Verify that adequate sight distance is provided at future access locations.
2. Construction shall not adversely affect the highway drainage or drainage of adjacent property.
Questions regarding this review should be directed to James Bartkowiak of our office at 793-6220.”
A response has not been received from the NYS Department of Environmental Conservation.
A response has not been received from the Town of Marcy Highway Department.
Planning Board Chairman Robert Lambe asked if there were any comments or questions from the Public.
Planning Board Chairman Robert Lambe asked if there were any comments or questions from the Board.
Hearing no comments, Planning Board Member Pamela M. Gomez made a motion to close the Public Hearing; seconded by Planning Board Member Gordon W. Hathaway.
All Members Present Voting: Aye
Planning Board Chairman Robert Lambe called the Regular Meeting to order at 7:04PM.
VINCENT SURACE of SUPERIOR AUTO PARTS and VINCE’S U-PULL IT, Old River Road
Site Plan Review
Planned Development
Tax Map Number 261.000-3-32
Zoned PD/Planned Development
Application Number 2007-13
Planning Board Members have reviewed the application for a Site Plan Review to construct four (4) accessory buildings: one (1) of the proposed accessory buildings would be 60’ x 80’ and approximately 28’ in height, two (2) accessory buildings will be used to store tanks and will be 20’ x 30’ and approximately 29’ in height, and the last building would be 60’ x 100’ and approximately 28’ in height. A 239 Review has been completed in accordance with General Municipal Law. A Legal Notice was published in the Observer Dispatch as required by General Municipal Law. A copy of the Public Hearing Notice was mailed to all property owners within 500’ of the proposed project.
Planning Board Chairman Robert Lambe stated that the Planning Board can finish discussion concerning this project this evening and then convene a Meeting on Thursday, September 27, 2007 for final action (since the Planning Board would like to wait for the thirty (30) day period for SEQR).
Planning Board Meeting 09/24/07 Page 3
Planning Board Chairman Robert Lambe reminded Mr. Surace that a Site Plan Review would be required for any further development on this parcel.
Mr. Surace stated that he will deal with the dust situation and hopefully blacktop the entrance way or possibly stone and oil right through the parking lot within a year.
Planning Board Members agreed that this application could be approved with the conditions that (1) No construction outside of the fence along the ravine; (2) Approval is limited to four (4) accessory buildings as proposed (one (1) of the proposed accessory buildings would be 60’ x 80’ and approximately 28’ in height, two (2) accessory buildings will be used to store tanks and will be 20’ x 30’ and approximately 29’ in height, and the last building would be 60’ x 100’ and approximately 28’ in height; and (3) The parking lot will be stoned and oiled to mitigate the dust problem within one (1) year.
Planning Board Chairman Robert Lambe explained that the Planning Board could waive the per acre fee since this is an existing development and noted that Mr. Surace would be required to pay any building permit fees.
Planning Board Member Gordon W. Hathaway made a motion to waive all Planning Board fees; seconded by Planning Board Member Pamela M. Gomez.
All Members Present Voting: Aye
It was noted that this application did not require the Town Engineer’s review or recommendations, therefore the Planning Board fees were not necessary.
PLANNING BOARD REVIEW FEES:
Planned Development = $600 plus applicable Site Plan Review Fees
Site Plan Review Fee = $300 per acre (36.6 acres) = $10,980
20’ x 30’ Accessory Building = $ 400 20’ x 30’ Accessory Building = $ 400
60’ x 80’ Accessory Building = $ 880
60’ x 100’ Accessory Bldg = $ 1,000
Total = $14,260
BUILDING PERMIT FEES:
Up to and including 2500 square feet = $ .15 cents per square foot, minimum $300
Over 2500 square feet = $ . 20 per square foot
Mr. Surace will attend the September 27, 2007 Town Board Meeting for a final resolution.
Planning Board Meeting 09/24/07 Page 4
DONALD BUTTENSCHON for PROPERTY OWNED BY DENNIS BUTTENSCHON, Flanagan Road
Mailing Address:
Minor Four (4) Lot Subdivision
Minor Three (3) Lot Subdivision
Property Line Changes
Tax Map Number 306.000-2-20 and 306.007-1-65
Zoned R-20/ Residential 20,000
Application Number 2007-14
Mr. Buttenschon attended the June 25, 2007, July 16, 2007 and August 13, 2006 Planning Board Meetings. Mr. Buttenschon and his brother have recently purchased property on Flanagan Road. Mr. Buttenschon has talked with the property owners that own homes on Flanagan Road about purchasing the property in order to extend their rear yards.
Mr. Buttenschon talked with ten (10) of the property owners, four (4) of which have agreed to purchase property in order to increase the size of their lots.
Mr. Buttenschon would also like to subdivide the property one (1) of the parcels into four (4) lots and the other into three (3) lots.
Planning Board Members reviewed the plans and paperwork.
Planning Board Chairman Robert Lambe stated that he has talked with Town Attorney William Schmitt concerning the “flag” lot and how to initiate the process of referring this application to the Zoning Board of Appeals for an Area Variance.
Planning Board Member Gordon W. Hathaway made a motion to refer the application for a Minor Three (3) Lot Subdivision to the Zoning Board of Appeals for an Area Variance for a lot with substandard frontage; seconded by Planning Board Member George Robertaccio.
All Members Voting: Aye
It was also noted that the Zoning Board of Appeals will need to interpret the lot width.
Planning Board Members reviewed the plans for the Property Line Change.
Planning Board Member Pamela M. Gomez made a motion that the Board finds the proposed application is a Type II action not subject to Environmental Conservation Law Article 8 (SEQR) under Part 617.5(c)(12), granting of individual setback and lot lines; seconded by Planning Board Member Gordon W. Hathaway.
All Members Present Voting: Aye
Planning Board Member Pamela M. Gomez made a motion to approve the application for Four (4) Property Line Changes as submitted; seconded by Planning Board Member Gordon W. Hathaway.
All Members Present Voting: Aye
Planning Board Meeting 09/24/07 Page 5
The approved Property Line Change plans were stamped and signed by Planning Board Chairman Robert
Lambe and Planning Board Secretary Lori A. Wrobel.
The approved plans will need to be filed with the Oneida County Clerk’s Office within sixty (60) days of the date of approval otherwise they will become null and void.
There is no fee required for a Property Line Change.
Although Flanagan Road is a Town Road and this portion of River Road is owned and maintained by the Town of Marcy, this property is located within 500’ of SUNY which is owned by New York State, therefore a 239 Review will be required.
Planning Board Member Pamela M. Gomez made a motion to forward plans and paperwork for the Minor Four (4) Lot Subdivision to the Oneida County Department of Planning and SUNY for a 239 Review; seconded by Planning Board Member Gordon W. Hathaway.
All Members Present Voting: Aye
Planning Board Member Pamela M. Gomez made a motion that
Planning Board Member Pamela M. Gomez made a motion that the Board finds the proposed action is an unlisted action under Environmental Conservation Law Article 8 (SEQR) potentially involving the following other agencies: The Oneida County Department of Planning and SUNY. Further, the Board accepts the lead agency role and will proceed as such unless otherwise notified by another agency by the Board Meeting scheduled for November 19, 2007. The short form EAF submitted by the project sponsor, along with other information brought to its attention by interested parties by the same Board meeting will be used to determine the significance of the action; seconded by Planning Board Member George Robertaccio.
All Members Present Voting: Aye
Mr. Buttenschon will be notified by mail of his Public Hearing date.
There is a $175.00 fee required.
MIKE PEZZOLONELLA, 9882 River Road
Mailing Address: 231 Hampton Road, Frankfort, New York 13340
Area Variance
Site Plan Review
Tax Map Number 306.000-2-25
Zoned CG/General Commercial
Application Number 2007-00
Mr. Pezzolonella attended the September 10, 2007 Review Panel Meeting. Mr. Pezzolonella recently purchased the existing building located at 9882 River Road which is a brick/block building that he would like to convert into three (3) separate business offices.
Planning Board Meeting 09/24/07 Page 6
An Area Variance may be required from the Zoning Board of Appeals Meeting for the existing front yard setback (if it is less than 75’) and for the proposed signage if it is larger than 68 ½ square feet.
Mr. Pezzolonella was not present for the Meeting.
STEVE HALE FOR PROPERTY OWNED BY COLLEEN and MARY GAETANO, 9669 River Road
Site Plan Review
Tax Map Number 306.000-2-11
Zoned CG/General Commercial
Application Number 2007-21
Mr. Hale attended the September 10, 2007 Review Panel Meeting. Mr. Hale has opened an auto repair business at the former Alan Byer Volvo on the corner of River Road and Maynard Drive.
Codes Enforcement Officer Timothy Russell had noted from the July 27, 1998 Planning Board Minutes that Alan Byer was given approval for an auto repair and sales business at this location.
It was further noted by Codes Enforcement Officer Timothy Russell noted that Alan Byer Volvo moved from this location less than twelve (12) months ago and that he feels that this proposal could be considered a continued use.
Planning Board Members reviewed the plans and paperwork.
Planning Board Chairman Robert Lambe noted that this application would be considered a Site Plan Review of a continued use.
Mr. Hale submitted a sketch and a letter from Alan Byer Foreign Auto that was not on letterhead or signed.
Planning Board Members agreed that a more detailed plan, the checklists that were given to Mr. Hale at the Review Panel Meeting, the SEQR form and an actual letter signed by Alan Byer will be required for review.
A letter from the property owners authorizing Mr. Hale to apply for the Site Plan Review will also be required.
Mr. Hale stated that he is not proposing any changes to the building other than painting it, putting on new doors, and cleaning up the property. There will be no new walls.
Planning Board Chairman Robert Lambe asked how many vehicles would be at this location. Mr. Hale stated that he would have no more than thirty (30) vehicles at one time.
Mr. Hale did not bring any of the required paperwork which was handed to him at the September 10, 2007 Review Panel Meeting.
Planning Board Members explained that it would benefit Mr. hale to get a drawing to scale.
Planning Board Meeting 09/24/07 Page 7
BOB LYNN of BOB LYNN SEPTIC, SEWER AND EXCAVATING for PROPERTY OWNED BY MARCELLA TURZANSKI, Trenton Road
Site Plan Review
Tax Map Number 294.000-3-11 and 18
Zoned CN/Neighborhood Commercial
Appeal Number 2007-00-22
Mr. Lynn attended the June 25, 2007 Review Panel Meeting and the August 6, 2007 Zoning Board of Appeals Meeting. Mr. Lynn would like to purchase property adjacent to Marty’s Jungle on Trenton Road. The property is five and a half acres and is currently owned by Marcella Turzanski. Mr. Lynn has given the property owner a verbal offer contingent upon Town approval.
Mr. Lynn would like to construct either a 40’ x 60’ or 40’ x 80’ accessory building to store his commercial equipment. A portion of the building will be used for an office.
On August 6, 2007 the Zoning Board of Appeals informed Mr. Lynn that if the primary use proposed for the property was an office and the storage of equipment was accessory, a Use Variance would not be required.
Planning Board Members reviewed the plans and paperwork.
Mr. Lynn explained that he has purchased the two (2) parcels located in the Town of Marcy and a third that is located in the Town of Deerfield.
Planning Board Members noted that there is a sign shown on the plans that may require action from the Zoning Board of Appeals (size/setback). Mr. Lynn stated that the engineer put the sign on the plans but that it is not necessary and that this is not the type of business that would require a sign.
Trenton Road is a County Road and this property is located within 500’ of the Deerfield town line, therefore a 239 Review will be required.
Planning Board Member George Robertaccio made a motion to accept the application for a Site Plan Review and to forward plans and paperwork to the Oneida County Department of Planning, the Oneida County Department of Public Works and the Town of Deerfield for a 239 Review; seconded by Planning Board Member Pamela M. Gomez.
All Members Present Voting: Aye
Planning Board Member Pamela M. Gomez made a motion that the Board finds the proposed action is an unlisted action under Environmental Conservation Law Article 8 (SEQR) potentially involving the following other agencies: The Oneida County Department of Planning, the Oneida County Department of Public Works and the Town of Deerfield. Further, the Board accepts the lead agency role and will proceed as such unless otherwise notified by another agency by the Board Meeting scheduled for November 19, 2007. The short form EAF submitted by the project sponsor, along with other information brought to its attention by interested parties by the same Board meeting will be used to determine the significance of the action; seconded by Planning Board Member Gordon W. Hathaway.
All Members Present Voting: Aye
Planning Board Meeting 09/24/07 Page 8
Mr. Lynn will be reminded by mail of his Public Hearing date.
Planning Board Chairman Robert Lambe stated that action will be taken by the Planning Board on November 19, 2007 after a Public Hearing is held.
It was noted that four (4) additional copies of the Site Plan will be required for distribution.
JOHN ROBERTS and ERIC CELIA for MICHAEL’S LANE EXTENSION, Michael’s Lane
Major Eleven (11) Lot Subdivision
Tax Map Number 000.00-0-0
Zoned AG/Agricultural
Application Number 2007-05
Mr. Roberts has applied for a Major Eleven (11) Lot Subdivision which is currently under preliminary review by the Planning Board. Although Mr. Roberts was not on the agenda this evening, three (3) of the adjoining property owners were present to discuss their concerns.
Major concerns were noted with the storm water and the existing wetlands.
Planning Board Members listened to the concerns and discussed the application with the neighbors.
Planning Board Chairman Robert Lambe will discuss the concerns further with Planning Board Representative Engineer Alan M. Swierczek.
CHARLES GAETANO, 8661 Chaminade Road
Site Plan Review of Planned Development
Tax Map Number 261.000-3-30 and 262.000-1-50
Zoned AG/Agricultural
Application Number 2007-20
An application for a Request for a Zone Change from Agricultural to Planned Development submitted to the Town Board from Charles Gaetano has been received.
Planning Board Members discussed the application and the recommendation that will be made to the Town Board concerning this proposal.
Planning Board Member Pamela M. Gomez made a motion that the following recommendation be forwarded to the Town Board; seconded by Planning Board Member Gordon W. Hathaway.
All Members Present Voting: Aye
Planning Board Meeting 09/24/07 Page 9
The Planning Board discussed this application at our September 10th and 24th meetings. The applicant was present on September 10th to explain the proposed project to us as consisting of renovation of the existing “dormitory building” for apartments (Phase 1), with future residential development on some of the remaining land (Phase 2)
The Planning Board discussed the factors listed in Section 22.E.3 of the zoning ordinance and draws the following conclusions:
a. Since the Town Comprehensive Plan update is underway, we would certainly discourage consideration of this application as a new development at this time. However, since Phase 1 is limited to renovation of existing buildings for uses substantially the same as before, we see this as an unusual PD application geared more to validating an existing land use than adopting a new one. This is a significant distinction and issue as noted in several of the review criteria below.
b. & c & e. In looking at the suitability of the parcel location with respect to effect on town character, desirability, and likelihood of successful implementation, we note that the site is bounded on the north by the railroad and Rt 291, on the far east by the Corrections facility, on the southeast by the Walmart Distribution Center, on the west by a significant ravine, and on the south by another PD with a salvage yard operation. This suggests that the nature of development will need to consider the local context in planning and layout.
The property is also unique in that it was a multi-use development previously and there are significant issues associated with any potential development (significant topography, access limited to Chaminade Road, rural character) that warrant a PD approach.
We want to make a clear distinction to both the Town Board and applicant that while we conceptually agree with planned residential development suggested for Phase 2, we will reserve judgment until a proposed plan is presented.
d. As an established use, we see little impact of Phase 1 to the natural environment. The proposed use of the buildings for apartments is consistent with their historical use. Because of the proximity to the ravine, we would like to receive positive confirmation of compliance with environmental regulations and a storm water management plan as noted in the recommended conditions.
f. We have been told by the applicant that the necessary utilities are in place but have not confirmed this. Chaminade Road seems adequate for the level of traffic suggested by Phase 1. Infrastructure for Phase 2 will need to be evaluated based upon the proposal.
g. & h. We do not see this application having significant impact upon the County or Regional economy.
i. We did not review building plans or a detailed site plan at this time. Confirmation of suitable access, utilities, parking, signage, and screening will be required during the site plan review. In particular we would like to note that a second access route will be required for more than 19 dwelling units.
Therefore, in accordance with Section 22.E.2, our recommendation is to approve the PD application with the criteria and conditions as follow:
Planning Board Meeting 09/24/07 Page 10
Extent: The proposed PD boundary to include both parcels owned by the application as proposed.
Use: Our understanding of the application is that the proposed use will be mixed use multi-family residential, administration and support. The Phase 1 use is all that has been proposed at this time and therefore is all that should be approved at this time.
Proposed Plan, Phasing, and Conditions: In order to accommodate the applicant’s schedule and allow development to respond to the Town Master Plan, we suggest that the project site plan review consist of 2 phases.
Phase 1:
· Renovation of existing buildings as proposed, architecturally consistent with the site as determined by the Planning Board,
· Associated site work to support the reuse of the existing buildings,
· Submission of documentation that the development will be in substantial compliance with all state and local ordinances
Phase 2
· Overall master plan for the site, phasing, infrastructure, and environmental assessment.
In the event a phase 2 plan is not proposed within 3 years, the PD approval should be limited to the Phase 1 development unless extended by the Town Board.
Planning Board Chairman Robert Lambe reminded the Planning Board that a Joint Public Hearing concerning this application has been scheduled with the Town Board for Thursday, September 27, 2007 at 6:00PM.
OTHER BUSINESS
The next Planning Board Meeting will be held on Monday, October 15, 2007.
Tentative Agenda:
Having no further business, Planning Board Gordon W. Hathaway made a motion to adjourn the Meeting at 9:20PM; seconded by Planning Board Member Pamela M. Gomez.
All Members Present Voting: Aye
Respectfully submitted,
Lori A. Wrobel
Planning Board Secretary
September 29, 2007
